Ending a Life Time Estate in New York State

**lexi1574** · 01-23-2011, 03:49 PM

My question involves real estate located in the State of: New York

I own a house in NY and satisfied the mortgage in 1987. Through my attorney's advice, I gave life time rights to a disabled relative. I learned after five years that the documents were never filed. In 2010, I had to pay several hundred of dollars for delinquent taxes that was in the arrears for three years and a tax lien was pending. They are unable to repay me. Also the house is in need of major repairs and needs to be maintained. Am I bound by this agreement? Can I cancel the life time rights agreement and evict these people?

jk · 01-23-2011, 03:55 PM

where is the deed granting the life estate?

**lexi1574** · 01-23-2011, 05:00 PM

The relative has a copy. I have a copy and my original documents are sitting in the "IN" basket on the attorney's desk. It's a very long story that spans over 6 years with this attorney and many thousands of dollars to get to this point. The attorney has 'lost' three sets of certified death certificates, Letters of Testamentary's, etc. The deed was littered with typos that included the wrong name and house address. I emailed and called him numerous times over the last two years demanding the corrected documents and an update on his progress. He told me that the documents were filed in 2009 and sent to the court 'twice'. I should have known differently because I offered to pay court fees and he was hesitant. He finally told me last week (1/11) that the documents were never filed. He said that they are binding because there was an agreement and I could not take possession of the home. I am in the process, at this point, in getting info to file for malpractice! I want to move back into the house, repair it and then to sell it. I have invested thousands of dollars in this home and can't let this fiasco continue. Tell me what can I do? Are my hands tied? I live in another state and found him on the internet.

jk · 01-23-2011, 05:26 PM

I cannot find anything specific to New York so this is based on general principles.

Generally transfer takes place upon delivery of the deed to the grantee. That would mean the transfer has taken place in your situation.

So, what can you do? Well, the tenant is required to pay taxes (or at least most sources lay that upon the tenant) but they are definitely required to maintain the property in a condition similar it's condition upon receiving it except for normal wear and tear. In either case you would have a cause of action to terminate the life estate based on the tenant allowing wasting of the property. You cannot simply evict them though. You would have to sue and seek a courts judgment.

I do not know if you will be required to pay the tenant for the calculated remainder of the tenancy or not.

**lexi1574** · 01-23-2011, 06:08 PM

jk,

Thank you so much for your quick response! I did, at least, get a professional, logical explanation that does make sense. I realize now that I made a terrible mistake to listen to this attorney. I am financially, mentally and physically drained. And I thought I was being a 'good samaritan' and helping a family member...Much obliged and appreciated!